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Some
Texts by John Bowden On The Prison System
(30/09/03)
Is
there any legitimacy or political significance in the protests of prisoners?
When they riot, climb onto rooftops, take prison staff hostage and engage
in collective acts of defiance is there any true justification for such
apparent delinquent actions?
As a group, prisoners are the most oppressed and demonised in our society
and, probably uniquely, the one group of people who possess absolutely
no rights in their relationship with the state. In fact, the legal status,
of prisoners is something akin to the completely disempowered condition
of the slave in ancient Rome. The prisoner for the duration of his or
her sentence (and some are in for life) exists as the exclusive property
of the state for it to do with as it pleases. No other group in society
is subject to the same degree of state control and ownership, and no
other group exists in such conditions of civil death.
The struggle of the movement for Prisoner' rights has always been a
formidable one due to the fact that few other groups in society are
as hated and feared to the extent where the state believes it can torture,
brutalize and even murder prisoners with virtual impunity.
When prisoners at New York's Attica prison staged a political protest
and occupation of the jail in September 1971 in order to highlight their
ill treatment, the National Guard and armed prison guards stormed the
jail and shot dead 37 prisoners. The state considered such murderous
force wholly appropriate against a group of people who possessed no
rights and whom the ordinary population would care nothing for.
To exist as a prisoner it to exist in a condition of absolute powerlessness,
and consequently absolute vulnerability. Here in the mini-totalitarian
society of prison the state and its uniformed representatives, the guards,
hold an omniscient degree of power over their captives and will use
whatever amount of violence and force is deemed necessary to keep prisoners
in line. When so few of these guards recognise any common humanity in
those over whom they wield such enormous power, abuse and ill treatment
becomes commonplace and institutionalised, and when, as rarely happens,
the extent of that abuse is exposed, the system inevitably and immediately
closes ranks and bends the rules to protect the perpetrators.
When the lid was blown off the torture and abuse of prisoners in the
segregation unit at London's Wormwood Scrubs prison in the late 90's
it was revealed that apart from the uniformed guards involved in actual
violence, the entire administrative workforce of the jail - Governors,
doctors, chaplains, social workers, probation officers - were all involved
to varying degrees in the conspiracy of silence that allowed the abuse
and violence to continue unchecked for years. In the case of Wormwood
Srubs, it was the prisoners themselves who succeeded in blowing the
whistle on their treatment by managing to contact lawyers who in turn
persuaded the police to conduct an investigation. Predictably, following
the police investigation only a handful of guards were arrested and
subsequently convicted of minor assault. The government flatly refused
demands for a full public inquiry into the extent of staff violence
at Wormwood Scrubs.
It was also the actions of prisoners at Strangeways jail in Manchester
in 1990 when they rioted and climbed onto the roof of the jail that
resulted in the biggest and most far reaching inquiry ever into prison
conditions in England and Wales.
Because of their completely hidden and concealed suffering it's always
been the case that prisoners themselves have had to act to draw public
attention to their situation when the state inflicts conditions on them
that contravenes their most basic and elemental human rights.
There is much wider significance to the treatment of prisoners and the
protests they periodically stage against it and it is this: if the state
or servants of the state are allowed without fear of consequences to
abuse, torture and ill treat any group hidden behind prison walls, then
the implications for the whole of society, for the rights of everyone
are enormous.
Viewed as a microcosm of society generally, prisons are the one place
where the state is able without scrutiny and interference to experiment
in methods of group control and manipulation without any reference whatsoever
to human rights considerations. When in August 1971 the British army
carried out 'Sensory Deprivation' techniques, which amounted to torture
of Political detainees in the North of Ireland, the methods used had
already been tested on ordinary prisoners confined in control units
that operated 'Behaviour Modification' regimes within English jails.
A legal action brought by a prisoner, Michael Williams, who had been
held in such a unit at Wakefield Prison in 1974 was dismissed by the
judiciary who basically maintained that a prison governor was entitled
to keep a prisoner in whatever conditions and under whatever regime
he considered appropriate.
If the state is able to get away with violating the human rights of
prisoners it will eventually feel confident enough to do the same with
the human rights of and disadvantaged or 'subversive' group in society.
When prisoners protest therefore in defence of their rights they are
in a sense protesting on all our behalf - when the state is allowed
to treat any group in society as something less than human, when it
is not held accountable for dehumanizing even a single individual, then
the civil rights and liberties of everyone is made significantly more
fragile and brittle.
Fascism as a system always gets its initial foothold by persecuting
and abusing those groups in society with the least public sympathy.
The public threshold to its methods are raised by the abuse of unpopular
minorities, until finally methods become generalized and all pervading.
Once the inalienable human rights of any person or group in society
is removed and eradicated by the state, the overall consequence of this
removal becomes enormous and terrifying.
Angela Davies, the black American civil rights activist and one time
prisoner once said "If they come for me tonight, they will come
for you tomorrow", and the reality is that one of the first lines
of resistance to state violence is within the prisons of this country.
If that line is crossed then it will eventually and inevitably be crossed
elsewhere.
When
is a Prison Reformer Not a Prison Reformer?
By
John Bowden B41173
HMP Bristol 22nd November 2002
On the twenty sixth September, Mark Leech, ex-prisoner
and prison reform entrepreneur was interviewed by the media concering
the transfer of Jeffrey Archer from North Sea Camp open prison to inner
city Lincoln jail. Asked about the sort of prisoner held at Lincoln,
Leech described them as the 'Riffraff of the Prison system', which seemed
rather incongruous a remark to make by someone who has built a fairly
lucrative career as a self-proclaimed supporter and representative of
prisoners. In fact, so intrigued was I by Mr Leech's remark that I asked
Insidetime, a prison wide newspaper produced by the prison reform charity
Newbridge to investigate exactly why Mr Leech had apparently been so
ken to please news editors with reactionary sound bites instead of aligning
himself with the prisoners at Lincoln and using the opportunity to communicate
their experience of life in Ana overcrowded hellhole such as Lincoln.
What the brief investigation revealed, caused me to seriously worry
about Mark Leech's integrity and honesty.
Leech has, since his release from prison in 1995, metamorphosed from
a small-time criminal and litigious prisoner into a resourceful and
media-savvy penal reform operator whom the Prison Service now endorse
as one of their most significant success stories.
Since 1995, Leech has compiled and edited The Prisoners' Handbook, now
considered within prison circles as a standard text on British Prisons
and their regimes. He has also founded two organisations or companies
- Unlock - of which he was Chief Executive until 2002, describes itself
as an organisation 'run by ex-offenders for ex-offenders' and seeks
to assist them to 'successfully rebuild their lives'. Towards this end,
it claims to work in partnership with the prison system itself, though
maintains that it will 'not get under the covers with anyone'. Infact
Unlock was launched at a prison service event at Pentonville Prison
during which the Director General of the Prison Service publicly endorsed
the organisation and Judge Stephen Tumin was made its Present. The organisation's
slogan 'Working in Partnership to leave crime behind' suggested that
maybe crime reduction was its motivating purpose as opposed to supporting
prisoners' rights and the rights of those freshly released from prison.
Unlock's mission statement claimed that an important part of its work
should involve 'Informing political debate' and 'Educating the public'
about the need to reintegrate e-offenders back into the community; one
wonders ho Leech's characterisation of Lincoln prisoners as 'riffraff'
possibly equates with that.
The Prisoners' Handbook describes its editors as having 'taken a journey
from the strip cells and punishment blocks of prisons to the point today
where he meets every six weeks with the Home Secretary and Director
General of Prisons to discuss policy'.
Leech formed a second organisation, or more precisely, a Limited Company
called 'Mark Leech Associates', although this seems more geared towards
accumulating capital from the publication of literature and media interviews.
It's obvious that 'helping prisoners' has become an occupation and career
for Mark Leech, and consequently self-interest and aggrandisement now
characterise much of his behaviour.
Insidetime, after persistent writing, telephoning and faxing, eventually
managed to elicit a response from Mr Leech concerning his 'riffraff'
remark. He flatly denied making it and in a letter to Insidetime claimed
'that this would be completely out of character for me and its is not
what I said. In explaining the difference between North Sea Camp and
Lincoln I expressed the view that in Lincoln, Jeffrey Archer would me
with the mish mash - not riffraff - of the prison system; meaning Lincoln
Prison contains remands, convicted, short and long term prisoners'.
This was an incredible denial to make considering that his remark was
filmed by the BBC and published in the Times.
Unfortunately Insidetime, who depend on the co-operation and goodwill
of the Director General of Prisons to have its paper distributed to
prisoners decided to give Leech 'the benefit of the doubt' and say no
more.
I was understandably vexed so decided to write to Mark Leech myself.
I received by way of reply a short, terse letter from his 'Practice
Manger', Jenny Berry , who informed me that I what got it wrong and
that it was the press Association who had misquoted Leech. No explanation
was offered regarding the film evidence.
To have made the remark in the first place, Leech revealed much about
his view of working class prisoners; to then deny that he ever made
the remark poses serious questions about his integrity.
People involved in prison reform should be cautious of individuals like
Mark Leech and understand that much of what he does, he does so out
of self-interest and a desire for celebrity. He has yet to explain or
apologise for the description of the prisoners at Lincoln and will obviously
continue to speak in their name an further his career on their behalf.
Scottish
Prisons - Inhumane and Degrading
The
commitment of the Scottish Prison Service (SPS) to the eradication of
inhumane physical conditions in some of Scotland's oldest and most squalid
prisons is seriously open to question, even despite censure from the
courts.
Following the 1990 Strangeways prison uprising, the prison system in
England and Wales completed a comprehensive refurbishment, that eventually
saw virtually all cells equipped with toilets and sinks. The SPS pursued
no such programme and even today hundreds of prisoners in places such
as Saughton in Edinburgh and Barlinnie in Glasgow, the two largest remand
jails in Scotland, exist in conditions that have barely changed in over
100 years.
The new Scottish Executive, with a Justice Ministry that now possesses
substantial powers to improve prison conditions, has turned its back
on the issue of prisoners' human rights, and the so-called Scottish
Prisons Commissioner has yet to openly criticise conditions at Barlinnie
or Saughton.
Inevitably, it is prisoners themselves who have been at the forefront
of the struggle to challenge inhumane conditions. On 26 June 2001, Robert
Napier, then on remand in Barlinnie, brought a legal action in the Edinburgh
Court of Sessions, arguing that the conditions of his detention contravened
his human rights.
Napier described being held in a cell that was small, badly ventilated,
inadequately lit, contained no toilet or sink, and was in a dilapidated
condition. He was forced to share the cell with another prisoner and
was allowed few periods of exercise or recreation outside the cell.
Judge Lord MacFadyen upheld Napier's complaint and said a prima facie
case of human rights abuse had been made. He gave prison ministers 72
hours to transfer Napier from Barlinnie to accommodation which complied
with human rights legislation. Fearing that the ruling would encourage
hundreds of other prisoners to seek a similar remedy in law, the Scottish
Executive immediately appealed. The appeal was due to be held immediately,
but was then adjourned, while the SPS 'reviewed' its policy.
Justice Minister Jim Wallace claimed that the Executive is committed
to ending slopping out, but refused to give any deadline or timetable
for doing so.
Meanwhile, in places like Saughton, bad conditions are deliberately
used as a tool of control and punishment. Of the four main wings, two
are designated 'downgraded' wings, or punishment units, for prisoners
who have failed drug testing or in other ways been deemed undeserving
of accommodation that meets minimum standards of human decency. Conditions
in one of the 'downgraded' wings, A Hall, almost defy description in
terms of the squalor and filth. The message to the prisoners there is
clear: conform or you will be denied humane conditions. Acquiescence
to authority is rewarded by transfer to an 'upgraded' wing with in-cell
TV and sanitation; non-acquiescence is punished by confinement to stinking
cells with slop buckets, broken cell call buttons, decrepit beds and
the risk of body vermin. Conditions in A Hall are kept deliberately
bad as a negative inducement to conform.
On 5 June 2002, unconvicted prisoners at Saughton rose up and tore the
wing to pieces, forcing staff to retreat for about 16 hours. Eventually
riot squads retook the wing with maximum violence, beating some of the
'ringleaders' all the way to the segregation unit. Around a dozen prisoners
have now been charged with prison mutiny and face ten year sentences.
The SPS is allowed to breach the human rights of prisoners by forcing
them to endure deliberately created squalor and the risk of ill-health,
while prisoners who protest at such conditions are prosecuted.
Uprising
At Shotts Prison
On
2 January 2003 at least 80 long term prisoners at Shotts maximum security
prison in Scotland staged a mass protest by seizing control of two wings
of the gaol for 19 hours. A negotiated end to the 'disturbance' eventually
took place, indicating a recognition by the authorities that the use
of physical force to end the prisoners' protest would encounter fierce
resistance, although the source of the prisoners' rage remains unresolved.
Throughout the protest the Scottish Prison Service(SPS) maintained a
conspicuous silence on exactly on what had fueled the prisoners' action,
while the media's reporting of the protest focused almost solely on
the alleged injuries received by two prison officers, it was claimed,
had been hurt while trying to intervene and stop a fight between rival
prisoner gangs. This was a total lie as it turned out, and eventually
the prisoners hung a banner from a window, saying 'Leave our visitors
alone', indicating that the protest had been sparked by the treatment
of prisoners' families. An earlier uprising at Shotts in the late 1980s
was provoked by the strip searching of prisoners' families, including
old people and small children.
Less than a week after the protest on 2 January, a second 'disturbance'
broke out at Shotts. This time in a special unit for 'difficult' prisoners,
and again the media focused only on the injuries allegedly sustained
by prison officers, while the SPS maintained its usual silence on exactly
why Shotts was so clearly in a state of turmoil and open revolt. The
impression deliberately created was one of violent and unmanageable
prisoners attacking and injuring prison staff without reason or cause.
In reality, Shotts as an institution is intrinsically designed to provoke
bitterness and confrontation, and since its creation in the early 1980s,
its regime has been based on the principle of completely disempowering
prisoners and denying them any opportunity or right to peacefully resolve
their differences with the administration. It is a gaol purpose built
for repression and brutality.
Since 1987 there have been at least five major uprisings at Shotts,
and for much of the gaol's
history prisoners there have experienced a virtual lockdown regime.
In 1995 prisoner John Brannan described to FRFI something of the atmosphere
prevailing at Shotts: 'Each Hall is divided up into six sections, each
containing 20 prisoners who are caged as a group into a tiny self-contained
area that is sealed almost the whole time by locked grille gates. The
screws remain beyond the gates, entering the sections only to lock us
in our cells. We only leave the cells for work and are made to walk
in strict single file to and from the work sheds. The atmosphere of
intimidation is something that you're up against here day and night.
Tension within the living sections is really bad and prisoners just
pace up and down all the time, full of anger and paranoia. The screws
obviously feel safe and in control with everyone locked up on the sections
and have dished out so much shit that they're now too frightened to
open up the gates and deal with us as a larger group, face to face.
People here are being seriously damaged mentally and I think that few
of us will ever be able to readjust to normal life again.'
John Brannan's description clearly illustrates how the administration
at Shotts was and is itself responsible for creating the conditions
for revolt and rebellion.
In 1995 the Scottish Inspectorate for Prisons strongly criticized the
SPS for its treatment of prisoners at Shotts. In 2002 the inspectorate
again criticized conditions at Shotts. Unfortunately, the SPS has never
been particularly receptive to even official criticism of its methods,
and the continuously repressive and confrontational nature of the Shotts
regime is indicative of this.
The protests and disturbances will therefore, continue at shotts because
of two related factors: the unwillingness of the administration there
to treat prisoners with human dignity, and the proven ability and determination
of long-term prisoners in Scotland to organize, resist and fight back
with courage and tenacity.
Close
Dartmoor Prison Once And For All!
'Dartmoor
has a large segregation unit (46 cells) in a forbidding granite-walled
wing, described by the present governor as "medieval"...[Prisoners]
are exercised one at a time in what all staff referred to as "pens".
At the time we were there, if they were distressed or suicidal and needed
to see a Listener (a Samaritan-trained prisoner)...they were locked
in a "Listeners' suite", which was in fact a cage: a wire
enclosure with a Perspex square through which they could communicate
their problems. Both the pens and the cage were degrading and more appropriate
for dangerous animals than for potentially suicidal medium to low prisoners.
When we reported our concerns about the cage, we were told that the
Governor had instructed that it be closed some weeks previously...
'There was frequent use of control and restraint and special cells...We
followed a particular incident[in which a] mentally ill prisoner who
had threatened an officer was being moved within the segregation unit
to a special cell...Other prisoners in the unit were clearly shaken
and frightened...We believe that there may have been excessive use of
Control and Restraint in this incident,and that more officers than necessary
had been directly involved. Among them were seven officers wearing Control
and Restraint equipment. A Health Care officer and a Governor had been
in attendance...After all staff had left the cell the prisoner was left
lying naked on the floor'. Report of the Chief Inspector of Prisons
into an Unannounced Follow-up Investigation of Dartmoor Prison, published
November 2001.
The recent Chief Inspector's report reveals the shocking conditions
at Dartmoor Prison, but its publication and the response to it follow
a familiar and almost choreographed pattern. Highly critical reports
are followed by feigned concern from senior Prison Service bureaucrats,
which is followed by standard denials from the Prison Officers Association,
which is followed by nothing changing.
Two questions raised by the Dartmoor report: the role of the prison
senior medical officer in allowing disturbed and suicidal prisoners
to be caged like animals, and the responsibility of the prison governor
for allowing such an inhumane practice to prevail. The governor's claim
that he had instructed that the cage be permanently removed long before
the inspector's visit, yet had been ignored by his staff, raises an
even more fundamental question about who was running Dartmoor and who
had the final say in how prisoners were treated. It was obviously a
question that didn't particularly perturb the governor who, prior to
the publication of the report, hadn't felt compelled to inform Prison
Service headquarters about a crisis of management.
The reality is, of course, that everyone at Dartmoor was aware of what
prisoners were being subjected to, and no-one spoke out or went against
the grain.
There are obvious parallels here with Wormwood Scrubs, where prisoners
were routinely beaten in the segregation unit, and all levels of staff
conspired and colluded to keep the lid on it.
Dartmoor has always been designated as a punishment prison for 'difficult'
and 'awkward' prisoners, as well as for a disproportionate number of
black prisoners. It is a stick wielded by the prison system and everyone
at Dartmoor knows what is expected of them. The prison has a long established
culture of brutality, which is so prevalent that officers didn't even
bother hiding it from the inspectors: 'This attitude on the part of
some staff continued throughout the week with prisoners being variously
described to us as the "shit" or "rubbish" of the
prison system, or as "these people" or "coloureds"...Prisoners
were told that this was "the end of the line".'
Whenever it is confronted with such unambiguous, unequivocal evidence
of a denial of human rights in prisons like Dartmoor and the Scrubs,
the Prison Service inevitably attempts to push the blame onto a small
minority of 'rogue officers', who operate clandestinely. The truth is
that where such a minority does operate, it does so in the confident
knowledge that it has the tacit support of the system which will never
blow the whistle on them. In a gaol such as Dartmoor, all levels of
staff collude in the brutalization of prisoners, and in a wider political
climate of retribution and revenge, all feel confident that the very
top.
Dartmoor was built by and housed French prisoners of war from the Napoleonic
War in 1809. It was first used as a civilian prison in 1851. In 1959
a government White Paper declared that it was near the 'end of its serviceable
life', and when Albany prison on the Isle of Wight was commissioned
in 1961, it was intended as a replacement, however Dartmoor remained
open. In 1979 the May Committee again recommended closure, describing
the isolated, insanitary, cold buildings as 'nowadays simply against
nature'.
Following the wave of revolt which swept through British prisons in
1990, the Woolf Report said that Dartmoor should be given a 'last chance'.
A year later a Chief Inspector's report called Dartmoor a 'dustbin',
but again said that it should be given a 'final chance'. As that report
was issued, police were investigating a racket whereby desperate prisoners
were paying £250 to prison officers to arrange transfers to other
prisons.
In 1991 the Prison Reform Trust, usually known for the mildness of its
criticisms, called for Dartmoor to be closed: 'It is isolated and rundown
and for 200 years has been dominated by a culture of barbarity and punishment.
That culture is all-pervasive and repeated attempts to change it have
produced nothing but failure'.
It is now 2001, and the new Chief Inspector, Anne Owers, does not even
enter the 'final chance' territory. Instead, her conclusion is even
more pathetic: 'Dartmoor needs to find a positive role supported by
a new culture...It needs to be part of a regional and national strategy
for the dignified and decent treatment and resettlement of prisoners'.
What makes her think that after two centuries as the punishment block
for the prison system and copious reports into its failings, last chances,
final chances, recategorization and reclassifications, Dartmoor and
the staff who run it will change now?
In the final analysis there is no liberal reformist solution to the
existence of brutality and maltreatment in prisons, no piecemeal way
of changing something that is so intrinsic to the system. The bottom
line is that prisoners only ever achieve a significant improvement in
treatment and conditions when they themselves organize and fight for
it.
Instead of meaningless debates about how prisons might be made 'better'
and thereby more legitimate, the focus should instead be on how prisoners
can be supported and empowered in their struggle for human rights. There
is no middle ground in the struggle for prisoners' rights: either we
campaign and fight for the complete abolition of prisons as instruments
of state terror and social control, or we accept their existence and
the power of the state to dehumanize a certain section of the working
class population.
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